Universal jurisdiction as obligation to prosecute or extradite

Before searching for new legal solutions to manage maritime piracy problems, especially those related to jurisdiction, it is essential to examine and analyse the existing international legal framework to determine whether current international legal instruments are already appropriate to face off this threat. One such principle is the “Aut dedere aut iudicare” principle, which has been also codified into SUA Convention, at art. 6 par. 4. This obligation comes from an international treaty, so it cannot be disregarded by any state (short of becoming susceptible to international liability), neither can it be amended by a national law. If a state party has inadequate law resources to establish its jurisdiction, or if unable or unwilling to prosecute the pirate, then such state party has no choice but extradite the pirate. If we consider the above principle as a conventional obligation, then it should be limited only to state parties, and it should be applied only under conditions stated by SUA Convention. Instead, if we consider it as a customary law principle, because piracy—as crimen iuris gentium—offends international community as a whole, then such principle shall be binding without any limit or condition.     

Essentials of general average: A synoptic overview of an ancient maritime law

This article provides a synoptic overview of the concept of general average which is one of the saving acts in maritime law. Its principles were entrenched in the Roman law which acknowledged its origins being rooted in the Sea Law of Rhodes. Its evolution as customary law through the medieval maritime codes of the Mediterranean region is also traced in the article. The reader is then brought into the modern era of the international regime of general average through the advent of the York-Antwerp Rules. The basic principles of general average loss, including expenditures and sacrifices, and general average contributions are introduced through references to a number of leading cases. The current status of this ancient law and practice and debates over its future are briefly addressed in conclusion.     

海商法的统一化——现状、问题与对策

海商法是随着航海贸易的发展而产生和完善起来的。它的国际性决定了其发展呈现一个总的趋势和原则——海商法的统一化。以国际公约、国际惯例、示范规则等形式表现的国际统一海商法在具有全方位、多领域、内容前瞻性等特点的同时,也存在大统一、小分散、法律冲突仍旧突出等问题。采用“默示承诺程序”,充分发挥海事国际组织的规范协调作用、利用统一冲突法等对策可以弥补缺陷。     

海事公约对第三国产生效力之原理

“条约不约束第三国”是一项古老的国际习惯法规则，亦称为“条约的相对效力原则”。即条约只约束缔约国，未经第三国同意，条约既不能为第三国创设权利，也不能为第三国施加义务。这一原则早就得到众多国际法学者的肯定，并被国际司法实践所接受和确认。国际海事公约在明确这一原则的同时，规定了“不优惠条款”，     

Navigation of foreign vessels within China's jurisdictional waters

From ancient times, navigation at sea has been an essential channel of communication and transport among nations. The emergence and development of the law of the sea itself rested with the navigation at sea. The principle of the freedom of the seas has been universally recognized as one of the fundamental principles in international law and practiced by States since the late 18th century. However, with the expansion of national jurisdiction over sea areas, the freedom of navigation has been challenged and navigational rights of foreign vessels are subject to the laws and regulations of coastal States. China, as a big maritime country, has formulated a set of rules and regulations governing navigation of foreign vessels within China's jurisdictional waters. This article attempts to review and assess China's legislation and practice in this respect in the context of international law of the sea.     

Navigation of foreign vessels within China's jurisdictional waters

From ancient times, navigation at sea has been an essential channel of communication and transport among nations. The emergence and development of the law of the sea itself rested with the navigation at sea. The principle of the freedom of the seas has been universally recognized as one of the fundamental principles in international law and practiced by States since the late 18th century. However, with the expansion of national jurisdiction over sea areas, the freedom of navigation has been challenged and navigational rights of foreign vessels are subject to the laws and regulations of coastal States. China, as a big maritime country, has formulated a set of rules and regulations governing navigation of foreign vessels within China's jurisdictional waters. This article attempts to review and assess China's legislation and practice in this respect in the context of international law of the sea.     

幕后力量──船东互保协会与海难救助制度的发展

随着海难救助制度的发展，如何鼓励救助人积极救助遇难船舶和减少环境污染，已经成为国际海事法中急需解决的问题。船东互保协会作为船东的责任保险人，促进了国际救助公约和劳氏救助合同的不断完善，日益参与到救助活动之中，并扮演着越来越重要的角色。     

海事赔偿责任限制的法律适用

由于各国关于海事赔偿责任限制的法律规定不一样,因此,在涉外海事赔偿责任限制法律关系中就需要进行法律选择,以确定所应适用的法律。国际社会关于海事赔偿责任限制的法律适用主要有适用法院地法、适用侵权行为地法、适用船旗国法、适用最密切联系原则几种立法模式,中国《海商法》关于海事赔偿责任限制的法律适用宜规定为:海事赔偿责任限制适用船旗国法,若海事赔偿责任限制与其他国家的法律有更密切联系,则适用其他国家的法律。     

SOLAS、MLC2006和CFR中若干问题的探讨

文中概述了国际海事公约和国外规则,包括SOLAS、MARPOL、COLREG、MLC 2006和CFR等读者不易理解的正文和附则中"章"、"分章"、"部分"、"节"、"分节"和"条"的编排和解释所出现的中文不同表述,简要介绍了美国CFR和FR相关法规中或多或少尚可更加明晰的表示方法,并说明CFR和FR之间的关联。为那些对国际公约感兴趣,且欲进一步理解海事公约和规则的读者提供建议。     

The ISM Code and the ISPS Code: A critical legal analysis of two SOLAS regimes

Within the comprehensive body of law encompassed by the International Convention on Safety of Life at Sea, 1974 (SOLAS), there are two regimes that are topical and outstanding in the current maritime milieu. These are the international safety management and the international ship and port facility regimes, both characterized by two codes serving as the centre of gravity of each, namely, the ISM Code and the ISPS Code, respectively. In this article the concept of the code as a legal instrument is perused following which a critical legal analysis is carried out of the two above-mentioned Codes, including their backgrounds, the evolutionary process culminating into the regimes and their interrelationships. Several anomalies and inadequacies in the two regimes are identified but in the final analysis it is concluded that both instruments are salutary additions to the body of convention law generated by the International Maritime Organization (IMO). They will undoubtedly influence the continuing development of international law in the field of maritime safety and security.     

States’ obligations relating to marine monitoring and observation

Ocean data determining the state of the ocean are required for various purposes. The data are needed to understand the ocean and its interrelation, for instance, with the climate as well as to provide information and benefits for numerous sectors, such as for the coastal protection or pollution control. In order to meet the multiple needs for ocean information, a global and sustained system for ocean observation activities is necessary. Steps towards such a global system have been taken within the last decades, especially by setting up the Global Ocean Observing System (GOOS). However, the existing international structures and systems have been lacking governmental support and are held to be insufficient. In this context, the questions are raised whether states are already required by international law to observe and monitor the ocean and to cooperate in doing so and whether states are even obliged to contribute to international ocean observing programmes. Although to some extent, states’ obligations can be found in international conventions, such as in the UN Convention on the Law of the Sea (UNCLOS), they cannot meet all the various needs for ocean data. Specific and substantive obligations in international law meeting the multiple needs for ocean data are, however, required. If such obligations were included in the UNCLOS, issues relating to Marine Scientific Research would have to be kept in mind. Another option of creating specific commitments could be seen in a new agreement relating to the GOOS.     

模拟训练模式下的无人机导引飞行

针对光电模拟训练过程的无人直升机导引问题,从光电吊舱的设计原理及导引方法的控制实现方面进行了阐述与分析。试验证明采用的比例导引法具备可行性。     

国内外无填料振冲间距的设计原则对比

目前有关无填料振冲密实法相关原理和工程应用已有很多,但有关无填料振冲国内外标准的对比分析几乎没有。针对无填料振冲密实法在国内外标准设计条文的差异性,选取英国CIRIA协会标准C573、英国ICE协会标准、美国国防部军工手册和中国港口工程地基行业规范,对4种常用设计规范的条文进行对比分析。结果表明,英国CIRIA协会标准和美国国防部军工手册均提供较详细设计表格,指导性强;而中国港口标准和英国ICE协会标准则仅提供原则性规范和具体数值范围。同时基于科威特LNGI工程项目,比较不同间距设计方法在同一设计密实度要求下的差异性,为国内完善无填料振冲设计规范和工程应用提供参考。     

Maritime piracy in the Indo-Pacific region – ship vulnerability issues

This paper describes the current situation with piracy and armed robbery at sea in the Indo-Pacific region, particularly off the Horn of Africa and in Southeast Asia. This situation may be aggravated due to the downturn in international shipping following the global financial crisis. This has led to surplus shipping capacity, crews paid off, lower profits, and ship owners seeking to cut costs. Many ships are laid up in anchorages prone to sea robbery, and there is a risk that ships might be less well maintained and operated. This paper also explains how some ships are more vulnerable to attack than others. Sub-standard ships are more likely to be successfully attacked than quality vessels. Issues are identified that might be addressed by the shipping industry and ship owners, as well as by the International Maritime Organization (IMO). In addition to being a victim of piracy, the shipping industry could be adding to the problem by laying up ships in vulnerable areas, reducing wages and sizes of crew and employing sub-standard ships. This situation could be symptomatic of wider problems in international shipping that throw doubt on the effectiveness of current regimes for ship safety, security and marine environmental protection.     

Law enforcement in the ocean

The combating of the present great variety of criminal activities occurring at sea mainly involves measures to be taken on land, in particular in ports.However, also actual enforcement at sea will continue to play an essential (complementary) role. This article surveys the rules of international law governing law enforcement measures at sea. These rules are complex, because distinctions have to be made between the various jurisdictional zones at sea and between the positions of the flag state, the coastal state and the port state. Traditionally, ships in the high seas (all sea areas beyond a narrow band of territorial sea) were under the exclusive jurisdiction of the flag state. In an increasing number of situations, the coastal state now has law enforcement authority over foreign ships in expanded areas up to 200 nautical miles offshore. But apart from these situations, flag state jurisdiction still prevails beyond the territorial sea. This makes effective law enforcement difficult. In practice, many obstacles can be overcome by making more effective use of the authority of the port state, and by concluding new international agreements providing for specific enforcement systems.     

Legal and practical consequences of not complying with ISM code

It has now been confirmed that some shipping companies could not meet the deadline set for complying with the ISM code for 1998, though available statistics show that most parties concerned have been ISM certified. What the legal consequences would be for such failure is the question on the minds of many people concerned. This paper sets out to deal with this question by answering, amongst other things, the following questions: (i) Would such a failure amount to unseaworthiness in the conventional international bills of lading law? (ii) Would such a failure provide valid defences to marine insurers for rejecting a related claim or prompt the establishment of a new pre-condition for purchasing insurance? (iii) Would such failure deprive a shipowner of the right to limit his liability under the international conventions concerned? (iv) Would such failure make the ships concerned more liable to detention at ports?     

浅论海商法的性质与特点

海商法的特点和性质是理解和应用海商法的基础,文章认为,海商法是一个兼具公法和私法性质的包括国内法规范和国际法规范的边缘性法律部门。广义海商法与狭义海商法的特点并不相同。     

影响混凝土耐久性的主要因素及预防对策

混凝土结构耐久性问题是一项影响因素错综复杂,研究难度较大的课题,目前日益受到国内外科学工作者的关注。文中仅就影响混凝土耐久性的若干主要因素进行了分析阐述,并提出了提高混凝土耐久性的相应对策和预防措施。     

The enforcement of shipping standards under UNCLOS

This article discusses the enforcement of shipping standards, with a particular focus on Part XII of UNCLOS. Section 6 of Part XII contains the only comprehensive set of vessel-related enforcement provisions in the Convention, but the Part’s scope is limited to “the preservation and protection of the marine environment.” Therefore, not all shipping standards fall clearly within Part XII’s ambit, including those centered on safety, security, and crewing considerations. The enforcement provisions of Section 6 are favorable to flag states and their vessels, and Section 7 contains a number of safeguards for their benefit, so it is in the interests of these parties to have coastal state enforcement governed by Part XII. However, the ability of coastal states to establish and enforce shipping standards that apply within the territorial sea extends to more than just environmental matters. The result is that different standards give rise to different enforcement powers, depending on the maritime zone in which a vessel is located, even if those standards arise from the same international agreement. It is suggested that to remedy these problems, UNCLOS would need to be amended in order to provide a comprehensive enforcement regime for the enforcement of shipping standards.